NOTICE IS HEREBY GIVEN that the Committee will conduct a Prehearing Conference as follows:
WEDNESDAY, July 28, 2004
Beginning at 10:00 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
The event is open to the public: interested individuals and governmental agencies are encouraged to attend.
Purpose of Prehearing Conference
The Prehearing Conference is a public forum where the Committee will assess the parties' readiness for evidentiary hearings and the likelihood of, or any obstacles to, the proposed project qualifying for a Small Power Plant Exemption under Public Resources Code Section 23541. We will also discuss the remaining schedule and procedures necessary for the Committee to reach a decision in this case.
At this event, all parties (Staff, Applicant, and Interveners) shall present their respective positions and supporting rationale regarding whether all impacts arising from construction and operation of the proposed facility will be sufficiently mitigated so that no substantial adverse impacts to the environment or energy resources will result. This may involve discussion of proposed "conditions of exemption" and the completeness of the project analysis. We note that Staff issued its Initial Study/Draft Assessment on July 8, 2004.
The parties shall also identify proposed witnesses which they intend to present at future evidentiary hearings, as well as the time required for direct testimony and/or cross-examination.
Prehearing Conference Statements
To facilitate the process, each party shall serve and file a Prehearing Conference Statement. Each party shall ensure that its respective statement is received by the other parties and the Commission's Docket Unit, located at 1516 Ninth Street, MS-4, Sacramento, California 95814-5512, no later than 3:00 p.m. on July 21, 2004. Identify these statements with "Docket No. 04-SPPE-1". In addition to providing printed copies, parties may email the statements to those with email addresses as reflected on the Proof-of-Service list.
FAILURE TO FILE A TIMELY PREHEARING CONFERENCE STATEMENT MAY PRECLUDE A PARTY FROM PARTICIPATING AT THIS EVENT.
Each statement shall specify:
1. The topic areas that are complete and ready to proceed to evidentiary hearings;
2. The topic areas that are not complete and not yet ready to proceed to evidentiary hearings and the reasons therefor;
3. Whether any dispute exists which would prevent the project from being exempt from the Commission's certification process and the precise nature of the dispute;
4. The identity of each witness sponsored by a party; the topic area(s) which each witness will present; a brief summary of the testimony to be offered by each witness; qualifications of each witness; and the time required to present direct testimony by each witness;
5. Topic areas upon which a party desires to cross-examine witness(es), a summary of the scope of such cross-examination, and the time desired for such cross-examination;
6. A list identifying exhibits and declarations that each party intends to offer into evidence and the technical topics to which they apply; and proposals for hearing dates, briefing deadlines, and other scheduling matters.
Petitions to Intervene to Become a Formal Party
The SPPE Decision on the Riverside Energy Resource Center will be based on the official record developed at the evidentiary hearings. Only formal parties may present testimony, cross-examine witnesses, or offer documentary evidence at the hearings.
Anyone with a legitimate interest relevant to the exemption process for the proposed project may file a Petition to Intervene with the Committee to become an "Intervenor" or formal party to the proceeding. Party status provides the following rights to Intervenors: to present independent testimony and documentary evidence; to receive pertinent documents; and to cross-examine witnesses. Party status also carries certain obligations, which include the duty to comply with Committee orders, procedures, and filing requirements, as well as being subject to discovery and cross-examination by other parties.
Petitions to Intervene in this case shall be filed no later than 3:00 p.m. on July 21, 2004. Typically, time extensions for new Intervenors to review existing case materials are not granted after the date of the Prehearing Conference since to do so could delay the proceeding.
How to Intervene
The Energy Commission's Public Adviser will assist any person or organization interested in preparing a Petition to Intervene. Those desiring information or assistance in filing a Petition to Intervene may contact Margret J. Kim at (916) 654-4489 or (800) 822-6228 or e-mail: [email@example.com].
Members of the general public are welcome to attend and provide public comment at the Prehearing Conference. It is not necessary to become an Intervenor to participate in the public process. Please contact the Public Adviser as indicated above for further information on how to participate.
Technical questions concerning the project should be addressed to James Reede, the Commission Staff's Project Manager, at 916-653-1245 or email at: [Jreede@energy.state.ca.us].
Questions of a legal or procedural nature should be directed to Gary Fay, the Committee's Hearing Officer, at 916-654-3893.
Media inquiries should be directed to Claudia Chandler, Assistant Executive Director for Media and Public communications, at 916-654-4989 or email at: [firstname.lastname@example.org].
If you have a disability and need assistance to participate in this event, contact Lourdes Quiroz at 916-654-5146 or email at: [email@example.com].
Information concerning the status of the project, as well as notices and other relevant documents, are available on the Energy Commisson's internet webpage at:
Dated June 14, 2004 at Sacramento, California.
Commissioner and Presiding Member
RERC SPPE Committee
JOHN L. GEESMAN
Commissioner and Associate Member
RERC SPPE Committee
Mailed to Lists: POS, 7185, 7186, 7187